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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
P. Kavitha D/o Late S.R. Padmanabhan – Appellant
Versus
Secretary to the Government Housing and Urban Development Department, Chennai – Respondent
ORDER :
1. Under assail is the proceedings dated 18.11.2024 issued by the Executive Engineer, Greater Chennai Corporation to execute enforcement action, specifically locking and sealing the premises belonging to the petitioner, as per the orders of the Commissioner, Greater Chennai Corporation dated 11.06.2024 on 29.11.2024. Accordingly, the petitioner was directed to de-occupy the premises within seven days to enable the Greater Chennai Corporation officials to take appropriate action in accordance with law.
2. The petitioner states that she is the absolute owner of the property measuring to an extent of 2420 Sq.ft at Plot No.10, Thangam Colony 1st Street, Anna Nagar, Chennai 600 040. Admittedly, the petitioner constructed a two-storey building by obtaining building plan permission from Chennai Corporation. However, the Corporation Authorities received complaints from the adjacent plot owner regarding unauthorised building construction/deviations. The complaint was taken on file by the Corporation and an inspection was conducted. The authorities found the following deviations/violations to the approved plans:
| S. No. | Description | As per Plan | As on Site | Deviated/ Unauthorised |
| 1. | Ground Floor | |||
Unauthorized constructions must be rectified in compliance with building regulations; courts should not condone illegalities that threaten public safety.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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